FDIC Seeks Information on How to Modernize Signage and Advertising Requirements for Banks

FEDERAL DEPOSIT INSURANCE CORPORATION

RIN 3064-ZA14

Request for Information on FDIC Sign and Advertising Requirements and Potential

Technological Solutions

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice and Request for Comment.

SUMMARY: The FDIC is seeking input regarding potential modernization of its sign and

advertising rules to reflect that deposit-taking via physical branch, digital, and mobile banking

channels continues to evolve since the FDIC last significantly updated its rules in 2006. As

banks adjust their business models to innovate and remain competitive, the FDIC is considering

how to revise and clarify its sign and advertising rules related to FDIC deposit insurance.

The FDIC is issuing this Request for Information (RFI) to inform FDIC efforts to align the

policy objectives of its rules and keep pace with how today’s banks offer deposit products and

services and how consumers connect with banks, including through evolving channels. The

FDIC is also seeking input on how to address potential misrepresentations by nonbanks about

deposit insurance. In addition, the FDIC requests information about how technological or other

solutions could be leveraged to help consumers better distinguish FDIC-insured banks and

savings associations from entities that are not insured by the FDIC (nonbanks), particularly

across web and digital channels.

DATES: Comments must be received by March 19, 2020.

ADDRESSES: You may submit comments, identified by RIN 3064-ZA14, by any of the

following methods:

echnological or other

solutions could be leveraged to help consumers better distinguish FDIC-insured banks and

savings associations from entities that are not insured by the FDIC (nonbanks), particularly

across web and digital channels.

DATES: Comments must be received by March 19, 2020.

ADDRESSES: You may submit comments, identified by RIN 3064-ZA14, by any of the

following methods:

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• Agency Website: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for

submitting comments on the Agency Website.

• Email: Comments@fdic.gov. Include RIN 3064-ZA14 in the subject line of the message.

• Mail: Robert E. Feldman, Executive Secretary, Attention: Comments, Federal Deposit

Insurance Corporation, 550 17th Street, N.W., Washington, DC 20429.

• Hand Delivery / Courier: Comments may be hand-delivered to the guard station at the rear of

the 550 17th Street, N.W., building (located on F Street) on business days between 7:00 a.m. and

5:00 p.m., EST.

All comments received must include the agency name and RIN for this rulemaking.

Public Inspection: All comments received will be posted without change to

https://www.fdic.gov/regulations/laws/federal/—including any personal information provided—

for public inspection. Paper copies of public comments may be ordered from the FDIC Public

Information Center, 3501 North Fairfax Drive, Room E-1002, Arlington, VA 22226 by

telephone at (877) 275-3342 or (703) 562-2200.

FOR FURTHER INFORMATION CONTACT:

David Friedman, Senior Policy Analyst, Division of Depositor and Consumer Protection, (202)

898-7168, dfriedman@fdic.gov; Edward Hof, Senior Consumer Affairs Specialist, Division of

Depositor and Consumer Protection, (202) 898-7213, edwhof@fdic.gov; or Richard M.

Schwartz, Counsel, Legal Division, (202) 898-7424, rischwartz@fdic.gov

3342 or (703) 562-2200.

FOR FURTHER INFORMATION CONTACT:

David Friedman, Senior Policy Analyst, Division of Depositor and Consumer Protection, (202)

898-7168, dfriedman@fdic.gov; Edward Hof, Senior Consumer Affairs Specialist, Division of

Depositor and Consumer Protection, (202) 898-7213, edwhof@fdic.gov; or Richard M.

Schwartz, Counsel, Legal Division, (202) 898-7424, rischwartz@fdic.gov.

SUPPLEMENTARY INFORMATION:

The FDIC is an independent federal agency with a mission of maintaining stability and public

confidence in the nation’s financial system by insuring bank deposits, examining and supervising

financial institutions for safety and soundness and consumer protection, making large and

complex financial institutions resolvable, and managing receiverships. Today, there are more

than five thousand FDIC-insured banks and savings associations in the United States. The FDIC

insures money deposited in FDIC-insured banks and savings associations, and FDIC deposit

insurance is backed by the full faith and credit of the United States.

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FDIC Official Sign and Advertising Statement Requirements

The FDIC’s official sign and advertising statement regulations (12 CFR Part 328) require banks

to continuously display the FDIC sign where insured deposits are usually and normally received

in the bank’s principal place of business and at all of its branches and to use an official

advertising statement, such as “Member FDIC,” when advertising deposit products and services.

Sign and advertising statements requirements are set forth in the Banking Act of 1935. The last

major changes to the regulations were made in 20061 and the rules do not reflect evolving

banking channels and operations.

Technology and Innovation

The FDIC has begun a number of initiatives focused on innovation and technology

“Member FDIC,” when advertising deposit products and services.

Sign and advertising statements requirements are set forth in the Banking Act of 1935. The last

major changes to the regulations were made in 20061 and the rules do not reflect evolving

banking channels and operations.

Technology and Innovation

The FDIC has begun a number of initiatives focused on innovation and technology. For

example, the FDIC established the FDIC Tech Lab (“FDiTech”) to foster innovation in the

financial services sector, while simultaneously protecting consumers, markets, and the Deposit

Insurance Fund. FDiTech is working to lay the foundation for the next chapter of banking by

encouraging innovation that meets consumer demand, promotes community banking, reduces

compliance burdens, and modernizes the FDIC’s supervision of banks.

Technology has advanced the business of banking in many ways, including how and where

depositors interface with banks and savings associations when making deposits. The internet,

through online and mobile banking, smart phone applications (“apps”), digital wallets, and other

tools, has had a profound effect on the way banking and deposit-taking is conducted. Some

banks have no physical branches. Remote deposit capture for depositing checks, introduced in

the early 2000s, has become a common feature of many banking apps. In addition, some banks

have moved away from the traditional branch/bank teller models to electronically-staffed kiosks

and pop-up facilities and teller-less cafes where deposits can be accepted on tablets. In addition,

1 71 FR 40440 (July 17, 2006).

s, introduced in

the early 2000s, has become a common feature of many banking apps. In addition, some banks

have moved away from the traditional branch/bank teller models to electronically-staffed kiosks

and pop-up facilities and teller-less cafes where deposits can be accepted on tablets. In addition,

1 71 FR 40440 (July 17, 2006).

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some consumers “deposit” funds with prepaid account providers and technologically-focused

financial companies (“fintechs”), some of which are not themselves FDIC-insured banks.2

Given these banking industry developments, the FDIC is seeking information on its sign and

advertising requirements to align with how banks offer products through various deposit-taking

channels and how consumers interface with banks.

Potential Consumer Confusion / Misleading Advertisements

Consumers may have difficulty distinguishing FDIC-insured banks and savings associations

from other entities when they look for deposit products online. The types of potentially

confusing, and sometimes misleading, situations consumers may encounter can generally be put

into two broad categories: (1) legitimate third-party business relationships with banks or savings

associations; or (2) misrepresentations by certain non-FDIC insured entities.

The first circumstance relates to certain nonbanks (such as fintechs or prepaid account providers)

that establish legitimate business relationships with FDIC-insured banks and savings

associations. In marketing their services, some nonbanks create websites that prominently

display the FDIC logo. Consumers contact the FDIC about such websites, at times under the

impression that these websites belong to FDIC-insured banks or savings associations. These

nonbank entities typically are not claiming to be banks. Instead, the representation is that they

will deposit customer funds at one or more FDIC-insured banks or savings associations, and

obtain deposit insurance for customers

C logo. Consumers contact the FDIC about such websites, at times under the

impression that these websites belong to FDIC-insured banks or savings associations. These

nonbank entities typically are not claiming to be banks. Instead, the representation is that they

will deposit customer funds at one or more FDIC-insured banks or savings associations, and

obtain deposit insurance for customers.

At times, this sort of representation is explicit and clear. However, in other situations, a nonbank

may highlight the FDIC logo to communicate safety of funds, while omitting or minimizing

2 Some uninsured companies enter into deposit arrangements with FDIC-insured banks, which may, under some

circumstances, result in “pass-through” deposit insurance being applied per customer. See generally, 12 CFR Part

330.

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significant details about deposit insurance coverage.3 This type of marketing may lead to

consumer confusion about whether funds are insured.

In the second type of situation, entities establish websites and falsely claim to be “Member

FDIC.” These websites commonly advertise above market interest rates and, by including the

FDIC logo or in some other way claiming to be an FDIC-insured bank or savings association,

they seek to convey legitimacy. More often than not, these entities are not themselves insured

banks or do not have a relationship with an insured bank and do not offer accounts insured by the

FDIC. In 2019, the FDIC requested that internet service providers take down over 65 such

websites. Consumers who do not realize these websites are fraudulent may divulge personally

identifiable information (“PII”) or transfer money, often by wire. In some cases, the amount of

money can be significant, and the consumer often cannot recover his/her funds. To assist

consumers, the FDIC maintains a database (BankFind4) that consumers can use to determine

whether an entity is an FDIC-insured bank or savings association

ze these websites are fraudulent may divulge personally

identifiable information (“PII”) or transfer money, often by wire. In some cases, the amount of

money can be significant, and the consumer often cannot recover his/her funds. To assist

consumers, the FDIC maintains a database (BankFind4) that consumers can use to determine

whether an entity is an FDIC-insured bank or savings association. In addition, FDIC staff

responds to consumers who ask whether an entity is an FDIC-insured bank or savings

association.

Request for Comment

Given the significant changes in the marketplace, technological developments, and rapidly

evolving consumer behaviors, the FDIC is issuing this RFI to seek public input regarding

modernizing the FDIC’s official sign and advertising rules (12 CFR Part 328) to reflect the

continued evolution of physical branch, digital, and mobile banking channels. The FDIC is also

seeking input about how it might address misrepresentations in this area. In addition, this RFI is

requesting information about how technological and other solutions could be leveraged to allow

consumers to better distinguish FDIC-insured banks or savings associations from nonbanks

across digital and mobile channels.

3 For example, a determination as to the amount of the deposits held by a failed bank or savings association that may

be covered will depend on certain regulatory requirements having been met.

4 https://research2.fdic.gov/bankfind/.

guish FDIC-insured banks or savings associations from nonbanks

across digital and mobile channels.

3 For example, a determination as to the amount of the deposits held by a failed bank or savings association that may

be covered will depend on certain regulatory requirements having been met.

4 https://research2.fdic.gov/bankfind/.

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The FDIC encourages comments from all interested parties, including but not limited to insured

banks and savings associations, technology companies and fintechs, other financial institutions

or companies, depositors and financial consumers (of both FDIC-insured and uninsured

institutions), consumer groups, researchers, trade associations, and other members of the

financial services industry. In particular, the FDIC requests input on the following topics and

questions:

Official Sign

The Federal Deposit Insurance Act (“FDI Act”) requires that insured depository

institutions display a sign relating to the insurance of deposits at each place of business

maintained by that institution in accordance with regulations issued by the FDIC.5 The

implementing regulation, 12 CFR § 328.2(a), specifies that the sign be displayed

continuously at each station or window where insured deposits are usually and normally

received in the depository institution’s principal place of business and at all of its

branches.6 The official sign must be 7” x 3” with black lettering on a gold background.7

The official sign is permitted – but not required – to be displayed in other locations8 and

on or at “Remote Service Facilities.”9 In lieu of the official sign, banks may vary the

sign subject to the minimum standards set for the sign.10 Non-English equivalent signs

must be approved by the FDIC.

The FDIC seeks comments on all aspects of the sign regulation, including the following specific

questions:

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permitted – but not required – to be displayed in other locations8 and

on or at “Remote Service Facilities.”9 In lieu of the official sign, banks may vary the

sign subject to the minimum standards set for the sign.10 Non-English equivalent signs

must be approved by the FDIC.

The FDIC seeks comments on all aspects of the sign regulation, including the following specific

questions:

1. Should the rule continue to require the sign be a minimum size and a specific color? Is this

needed to ensure consumers understand “deposit insurance?”

5 See 12 U.S.C. §1828(a)(1)(A).

6 Part 328 does not apply to uninsured offices or branches of insured depository institutions located outside the

United States. 12 CFR § 328.0.

7 12 CFR § 328.1(a).

8 12 CFR § 328.2(a)(1)(i).

9 12 CFR § 328.2(a)(1)(ii). “Remote Service Facilities” are defined as including “any automated teller machine,

cash dispensing machine, point-of-sale terminal, or other remote electronic facility where deposits are received.”

10 12 CFR § 328.2(a)(2).

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2. Should the rule continue to link the placement of the sign to each teller station or window

where insured deposits are usually and normally received?

3. Should the rule take into account changes in places where deposits are “usually and normally

received” by banks? How?

4. Should the FDIC’s current approach of allowing for permissive or optional placement and

use of signage be broadened? How?

5. Does the rule’s definition of “Remote Service Facility” appropriately reflect current banking

practices? For example, should the list of facilities (any automated teller machine, cash

dispensing machine, point-of-sale terminal, or other remote electronic facility where deposits

are received) be broadened? If so, what other “facilities” should be included?

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ignage be broadened? How?

5. Does the rule’s definition of “Remote Service Facility” appropriately reflect current banking

practices? For example, should the list of facilities (any automated teller machine, cash

dispensing machine, point-of-sale terminal, or other remote electronic facility where deposits

are received) be broadened? If so, what other “facilities” should be included?

6. Are FDIC-insured institutions currently displaying a digital representation of the FDIC sign

or logo on their websites / mobile apps at account opening? If not, should they do so?

7. Are FDIC-insured institutions currently displaying a digital representation of the FDIC sign

or logo on their websites / mobile apps each time a consumer deposits funds? If not, should

they do so?

8. Are alternative means of displaying an official FDIC sign, beyond a two-dimensional

placard, appropriate in places such as cafes and through digital means? How might this be

implemented for different delivery channels (e.g., brick-and-mortar, website, app-based)?

9. As noted above, the current regulation requires that the official FDIC sign be displayed

continuously at each station or window where insured deposits are usually and normally

received in the depository institution’s principal place of business and at all of its branches.

Should the rule continue to require that the sign be displayed continuously, or should it allow

for digital displays or representations that are not continuously displayed?

t the official FDIC sign be displayed

continuously at each station or window where insured deposits are usually and normally

received in the depository institution’s principal place of business and at all of its branches.

Should the rule continue to require that the sign be displayed continuously, or should it allow

for digital displays or representations that are not continuously displayed?

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10. To what extent do the existing rules enable consumers to distinguish between FDIC-insured

institutions and uninsured entities? Are there data, surveys, and studies on this issue?

Official Advertising Statement

The current rule requires bank advertisements11 that promote deposit products and services or

promote non-specific banking products and services offered by the institution to state that the

bank is a “Member of the Federal Deposit Insurance Corporation,” “Member of FDIC,” or

“Member FDIC,” or that the bank use the FDIC’s symbol (taken from the official sign).12 The

advertising statement seeks to enable consumers to recognize FDIC-insured deposit products, as

contrasted with non-deposit investment products that are not insured. Size, print legibility and

proportions are prescribed.13 Insured and uninsured (foreign) branches must be identified.14

Insured depository institutions may not include the official advertising statement or other

statements that imply Federal deposit insurance in any advertisement relating solely to “non-

deposit products” or “hybrid products.”15 With “mixed” advertisements for both insured deposit

products and uninsured or hybrid products, the official advertising statement must be segregated

within the ad.16 “Hybrid product” means “a product or service that has both deposit product

features and non-deposit product features.”17 “Non-deposit products” are defined to include

“insurance products, annuities, mutual funds and securities” but not credit products.18

The FDIC seeks comments on all aspects of the official advertising statement regulation,

statement must be segregated

within the ad.16 “Hybrid product” means “a product or service that has both deposit product

features and non-deposit product features.”17 “Non-deposit products” are defined to include

“insurance products, annuities, mutual funds and securities” but not credit products.18

The FDIC seeks comments on all aspects of the official advertising statement regulation,

including the following specific questions:

11 “Advertisement” is defined as “a commercial message, in any medium, that is designed to attract public attention

or patronage to a product or business.” 12 CFR § 328.3(a).

12 12 CFR § 328.3(c)(1).

13 12 CFR § 328.3(b)(2).

14 12 CFR § 328.3(c)(2).

15 12 CFR § 328.3(e)(2) and (e)(3).

16 12 CFR § 328.3(e)(4).

17 12 CFR § 328.3(e)(1)(ii).

18 12 CFR § 328.3(e)(1)(i).

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11. Can the regulation be better clarified regarding which types of advertising require the

inclusion of the official advertising statement? Should some forms of advertising currently

subject to the requirement be made exempt? Are there newer forms of advertising that do not

now but should include the official advertising statement?

12. How do banks currently provide the advertising statement when promoting deposit products

through non-traditional channels?

13. If a bank is identified in a nonbank’s promotion or advertisement for a deposit product or

service, should the advertising statement be required, or conversely, should it be prohibited

given that the deposit product or service is from an uninsured entity?

Misrepresentations

The rule seeks to ensure that only insured banks and savings associations use the FDIC sign and

advertising statement so consumers can have confidence when deposit accounts are advertised as

insured

ct or

service, should the advertising statement be required, or conversely, should it be prohibited

given that the deposit product or service is from an uninsured entity?

Misrepresentations

The rule seeks to ensure that only insured banks and savings associations use the FDIC sign and

advertising statement so consumers can have confidence when deposit accounts are advertised as

insured. It is illegal to misuse the FDIC name or make false representations regarding deposit

insurance.19 Moreover, under the FDI Act, the FDIC has the authority to issue cease and desist

orders and impose civil money penalties against any person who: (1) falsely represents or implies

that any deposit liability is insured by the FDIC by use of the FDIC name or symbol; or (2)

otherwise knowingly misrepresents that any deposit liability is insured (or the extent of such

insurance), if such deposit liability is not so insured.20

The FDIC has not issued specific regulations regarding false representations related to FDIC

insurance. The FDIC seeks information regarding misrepresentations in this area, including the

following specific questions:

19 18 U.S.C. §709 (may not, without authorization, use “the words “Federal Deposit”, “Federal Deposit Insurance”,

or “Federal Deposit Insurance Corporation” as the name of a business or advertise or otherwise falsely represent that

deposits are FDIC insured).

20 See 12 U.S.C. §1828(a)(4)(C)-(D).

the

following specific questions:

19 18 U.S.C. §709 (may not, without authorization, use “the words “Federal Deposit”, “Federal Deposit Insurance”,

or “Federal Deposit Insurance Corporation” as the name of a business or advertise or otherwise falsely represent that

deposits are FDIC insured).

20 See 12 U.S.C. §1828(a)(4)(C)-(D).

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14. Are there examples of potential risks related to misrepresentations involving FDIC deposit

insurance coverage that the FDIC should address, including those related to deposit products

through use of the internet or other emerging technologies?

15. What changes can be made to the FDIC sign and advertising statement requirements that

could deal with preventing misrepresentations regarding FDIC deposit insurance?

16. Are there ways that certain nonbanks should be able to advertise or otherwise represent a

legitimate business relationship with an FDIC-insured institution that would be clear to

consumers and consistent with the provision on misrepresentation?

17. In allowing the use of their name or mark, should banks be responsible for ensuring the

proper use of the FDIC’s logo, advertising and representations by nonbanks with whom the

banks do business?

Technological Solutions

The FDIC regularly receives reports of fraudulent communications made to consumers that

appear to be from FDIC-insured entities, but actually originate from fraudsters. These types of

scams may involve a variety of electronic communication channels, including e-mails, websites,

text messages, and social media posts. Some scam messages might ask the recipient to

“confirm” or “update” confidential personal financial information, such as bank account

numbers, Social Security numbers, dates of birth and other valuable details

actually originate from fraudsters. These types of

scams may involve a variety of electronic communication channels, including e-mails, websites,

text messages, and social media posts. Some scam messages might ask the recipient to

“confirm” or “update” confidential personal financial information, such as bank account

numbers, Social Security numbers, dates of birth and other valuable details. Other scams might

ask for payments or deposits to be sent, for example, by money order, Automated Clearing

House (“ACH”) credit, wire transfer service, peer-to-peer payment service, gift cards, or digital

currency. Banks also face risks that fraudsters may be using their names and brands to perpetrate

such frauds.

The FDIC is exploring whether technological or other solutions might enable consumers to

validate when they are interacting with a FDIC-insured financial institution, and not a fraudster,

when visiting websites and using apps on mobile devices. The FDIC seeks comments on how

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technology might be utilized to allow consumers to distinguish FDIC-insured banks and savings

association from nonbanks across various web and digital channels, including the following

specific questions:

18. Do consumers look for the FDIC name or logo when using financial institution websites and

apps to confirm the validity of insured institutions’ authenticity? Do they look for the logo

when deciding to open new deposit accounts? During every interaction?

19. What technological options or other approaches could be utilized to allow consumers to

distinguish FDIC-insured banks and savings associations from nonbanks across web and

digital channels? What are the benefits and drawbacks of each approach? Is it necessary or

desirable for the FDIC to try to “solve” this by rule, or can private sector initiatives better

address this issue?

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n?

19. What technological options or other approaches could be utilized to allow consumers to

distinguish FDIC-insured banks and savings associations from nonbanks across web and

digital channels? What are the benefits and drawbacks of each approach? Is it necessary or

desirable for the FDIC to try to “solve” this by rule, or can private sector initiatives better

address this issue?

20. If the FDIC develops a technological solution to allow consumers to distinguish FDIC-

insured banks and savings associations from nonbanks across web and digital channels, what

challenges would institutions have in implementing such solutions? How would any solution

work with third parties that have established legitimate business relationships with banks or

savings associations?

21. If the FDIC develops a technological solution to allow consumers to distinguish FDIC-

insured banks and savings associations from nonbanks across web and digital channels,

should its use be limited to FDIC-insured banks, or should third parties that market or

facilitate access to deposit products (e.g., prepaid program managers, fintechs) be permitted

or required to use such a logo in certain circumstances?

Federal Deposit Insurance Corporation.

Dated at Washington, D.C., on [date], 2020.

Robert E. Feldman,

Executive Secretary.